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Private Streets Maintenance Agreement 2004-0296940-r RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: n DOC ! 2004 - 02969 OFFICIAL RECORDS SAN DIEGO COUNT`{ iECORDffS OFFTCJ_ 'GREGORY J. SMITH, COUNTY RECORDER FEES: 17.00 (THIS SPACE FOR RECORDER'S USE) APN: 321 - 011 -38 PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTENANCE AGREEMENT ( "Agreement') dated for reference purposes as of the ,5 4t_ day of &01 L-- 2004, is entered info between U_Ar")e F i v /tie� hereinafterrefened to as "Owner ", and the City of Poway, a municipal corporation, hereinafter referred to as "City ". WHEREAS, this Agreement is required as a condition of approval by the City of a building permit pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to construction of four single - family residences for Parcel Map No. 19100; and WHEREAS, Owner wishes to provide for the maintenance and repair of those certain Private Streets as shown on Parcel Map No. 19100, hereinafter referred to as the "Private Streets'; and WHEREAS, Owner is the owner of certain real property described as Parcels 1, 2, 3, and 4 of Parcel Map No. 19100, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, November 13, 2002, that is being developed as four single - family residences for Parcel Map No. 19100 that will use and enjoy the benefit of such Private Streets. Said real property is hereinafter referred to as the "Property"; and WHEREAS, it is the mutual desire of the parties hereto that the Private Streets be maintained and repaired in a -safe and usable condition; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the Property, binding upon each successive owner of the Property. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: The property benefited by this Agreement is the Property. The present and successive owners of all or any portion of the Property are expressly bound hereby for the benefit of the Property. 2. The cost of maintaining the Private Streets shall be home by the Owner or his or her heirs, assigns, and successors in interest_ Notwithstanding, the foregoing, Owner may seek contributions or recompense from and by all other owners, heirs, assigns and successors in interest who may be obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this section of private roadway. The repairs and maintenance to be performed under this Agreement by or on behalf of the Owner shall be limited to the following: reasonable and normal road improvement maintenance work to adequately maintain the Private Streets and any related drainage facilities to permit normal access, ingress and Del -0 —D 0a0D -So - 70n) 12— r)2 CITY CLERK CITY OF POWAY PO BOX 7 POWAY, CA 922 074 ,i NO TRANSFER TAX DUE n DOC ! 2004 - 02969 OFFICIAL RECORDS SAN DIEGO COUNT`{ iECORDffS OFFTCJ_ 'GREGORY J. SMITH, COUNTY RECORDER FEES: 17.00 (THIS SPACE FOR RECORDER'S USE) APN: 321 - 011 -38 PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTENANCE AGREEMENT ( "Agreement') dated for reference purposes as of the ,5 4t_ day of &01 L-- 2004, is entered info between U_Ar")e F i v /tie� hereinafterrefened to as "Owner ", and the City of Poway, a municipal corporation, hereinafter referred to as "City ". WHEREAS, this Agreement is required as a condition of approval by the City of a building permit pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to construction of four single - family residences for Parcel Map No. 19100; and WHEREAS, Owner wishes to provide for the maintenance and repair of those certain Private Streets as shown on Parcel Map No. 19100, hereinafter referred to as the "Private Streets'; and WHEREAS, Owner is the owner of certain real property described as Parcels 1, 2, 3, and 4 of Parcel Map No. 19100, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, November 13, 2002, that is being developed as four single - family residences for Parcel Map No. 19100 that will use and enjoy the benefit of such Private Streets. Said real property is hereinafter referred to as the "Property"; and WHEREAS, it is the mutual desire of the parties hereto that the Private Streets be maintained and repaired in a -safe and usable condition; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the Property, binding upon each successive owner of the Property. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: The property benefited by this Agreement is the Property. The present and successive owners of all or any portion of the Property are expressly bound hereby for the benefit of the Property. 2. The cost of maintaining the Private Streets shall be home by the Owner or his or her heirs, assigns, and successors in interest_ Notwithstanding, the foregoing, Owner may seek contributions or recompense from and by all other owners, heirs, assigns and successors in interest who may be obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this section of private roadway. The repairs and maintenance to be performed under this Agreement by or on behalf of the Owner shall be limited to the following: reasonable and normal road improvement maintenance work to adequately maintain the Private Streets and any related drainage facilities to permit normal access, ingress and Del -0 —D 0a0D -So - 70n) 12— r)2 egress to and from the Property. Repairs and maintenance under this Agreement shall include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and such other work as is reasonably necessary or proper to repair and preserve the Private Streets for normal access, ingress and egress purposes. 4. The obligation of the Owner as outlined herein shall commence with the issuance of a building permit by the City to construct a single family residence for Tentative Parcel Map No. 02 -02. In the event the Owner retains a contractor to perform any maintenance and obligation with respect to the Private Streets, the Owner shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities with regard to such maintenance activities. 6. Owner shall defend and indemnify and hold harmless City, City's engineer and their consultants and each of their officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney fees, incurred by or payable to any other use of the Private Streets, or to any other third parties arising out of or in any way related to the use, repair or maintenance of the Private Streets. Nothing in this Agreement, the specifications, or other contract documents or City's approval of the plans and specifications for or inspection of the work regarding the Private Streets is intended to include a review, inspection, or acknowledgment of a responsibility for any such matter, and City, City's engineer, and their consultants, and each of their officials, directors, officers, employees and agents, shall have absolutely no responsibility or liability therefor. If in the City's sole judgment the Private Streets are not being maintained to standards set forth in paragraph 3 of this Agreement, the City may thereupon provide written notice to the Owner to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs or construction within ninety (90) days of receipt of such notice the Owner agrees that the City may make all needed repairs to the Private Streets to meet the standards set forth in paragraph 3 and to then assess the costs thereof to the Owner. The Owner shall reimburse the City for all reasonable costs incurred by the City in connection with such maintenance activities. If the Owner does not so reimburse the City within thirty (30) days after City's demand, then City may pursue all of its remedies at law or in equity. 8. If the City elects to make necessary repairs in accordance with paragraph 7 above, said work shall be without warranty. Said repair shall be accepted "as is" by the Owner and without any warranty of workmanship. 9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each and every person who shall at any time own all or any portion of the Property referred to herein. 10. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of the Owner. 11. It is the purpose of the signatory hereto tha(,this instrument be recorded to the end and intent that the obligations hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion of the Property, by acceptance of delivery of a deed and/or conveyance, regardless of form, shall be deemed to have consented to and become bound by this Agreement. 12. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. • C' J 13. The costs for maintenance of the Private Streets shall be shared as follows: Parcel 1 of Parcel Map No. Parcel 2 of Parcel Map No. Parcel 3 of Parcel Map No. Parcel 4 of Parcel Map No. 19100 — one quarter (1/4) 19100 — one quarter (1/4) 19100 — one quarter (1/4) 19100 — one quarter (1/4) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. For i C. Briges, President 888, Inc. � For CITY OF POWAY: City Engineer CourtAm Date: Date: — r—� 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 State of California �= � ss. County �off, � %i/� I/CI y On //,:�lL ,S ZOo(/ before me, / / /'�/GG /S- l! /dir> >�:'T�d✓ �( /� Data n Name and Title of Oflhr (a.g.'Jere one Notary Public) personally appeared C Name15) of Signerye) [] personally known to me proved to me on the basis of satisfactory evidence to be the person whose name(,�4 is /ar+ subscribed to the within instrument and acknowledged to me that he /she /t*-executed the same in his /hbf th@tr / authorized capacity(Tesj, and that by his /Her /thfal signature(S�on the instrument the person(( or the entity upon behalf of which the person('sj, acted, executed the instrument. WITNESS mfr hand d anl seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: 7le /✓A1K��/IU��.�N/ Document Date: 1IP?1 L 2� /� y (' Number of Pages: Signer(s) Other Than Named Above: V 6A_ Capacity(ies) Claimed by �Signer Signer's Name: �c /%/ �— • li��/ Z �= Individual 700 ,1 Iwmb Here N Corporate Officer — Title(s): [� Partner — ❑Limited [] General [] Attorney -in -Fact ❑ Trustee [] Guardian or Conservator [] Other: p /j Signer Is Representing: 0 1999 National Notary Aamciation • 9350 De Soto Ave., PO. Box 2002 • Chatsmah CA 913132402 • w rrationalnotagorg Prod No 5907 Reorder: Call Toll Free I- 80&876 M27 PHVWS SHINN .,�; ` ` "�� Commissbn p 1450304 z B o - Notary Public - California Son Diego County - My Comm. Expires Nov 9, 2007 Name15) of Signerye) [] personally known to me proved to me on the basis of satisfactory evidence to be the person whose name(,�4 is /ar+ subscribed to the within instrument and acknowledged to me that he /she /t*-executed the same in his /hbf th@tr / authorized capacity(Tesj, and that by his /Her /thfal signature(S�on the instrument the person(( or the entity upon behalf of which the person('sj, acted, executed the instrument. WITNESS mfr hand d anl seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: 7le /✓A1K��/IU��.�N/ Document Date: 1IP?1 L 2� /� y (' Number of Pages: Signer(s) Other Than Named Above: V 6A_ Capacity(ies) Claimed by �Signer Signer's Name: �c /%/ �— • li��/ Z �= Individual 700 ,1 Iwmb Here N Corporate Officer — Title(s): [� Partner — ❑Limited [] General [] Attorney -in -Fact ❑ Trustee [] Guardian or Conservator [] Other: p /j Signer Is Representing: 0 1999 National Notary Aamciation • 9350 De Soto Ave., PO. Box 2002 • Chatsmah CA 913132402 • w rrationalnotagorg Prod No 5907 Reorder: Call Toll Free I- 80&876 M27 MICKEY CAFAGNA, Mayor BOB EMERY, Deputy Mayor JAY GOLDBY, Councilmember DON HIGGINSON, Councilmember BETTY REXFORD, Councilmember CITY OF POWA( CONSENT TO ANNEXATION FOR THE INCLUSION OF PROPERTIES INTO CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86 -1 AND CITY OF POWAY CITY LIGHTING DISTRICT, ZONES A AND C WHEREAS, the undersigned constitute(s) 100 percent ownership [or has legal signature authority representing 100 percent ownership] of the property shown in Exhibit A, attached hereto, and generally described as County Assessor Parcel No. 321 - 011- 38 -00, legally described within Exhibit B of this document, and anylall subsequent parcels created by the subdivision or merger of said parcels; and WHEREAS, the aforementioned property was developed by subdivision, and will receive special benefit from City [District]- maintained street lighting and landscaping; and WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway Landscape Maintenance District 86 -1 and the City of Poway City Lighting District, Zones A and C, pursuant to the California Streets and Highways Code Section 22608.1; and WHEREAS, the undersigned owner(s) consent to assessments levied under the assessment formulas as written within the yearly LIVID 86 -1 Engineer's Report, and hereby acknowledges receipt of the landscaping and lighting benefits to said property. PURSUANT to Section 22608.2 of the Streets and Highways Code of the State of California, these properties will be included within the required Engineer's Report. The signing of this consent to annexation precludes any and all notice and hearing requirements for the first year's Report. EXECUTED ON 41 12002, at t a California. 7PWerty Owner (printed name) Property Owner (printed Owner (s (if dpplicable) Approved as to form: CITY R Y (if applicable) City of Poway ITY MANAGER ignature) EXHIBIT A TPM 02 -02 Huntington Court County Assessor Parcel No. 321 - 011 -38 -00 and legally described as contained herein on Exhibit B NO SCALE BOUNDARY OF LMD 86 -1 I 0 Z I VICRWY MAP SITE' , rarroecre ORDER NO, 1223499 -22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL L ALL THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTH OF A LINE DRAWN PARALLEL WITH AND 144334 FEET SOUTHERLY FROM THE NORTH LINE OF SAID SECTION 6. EXCEPTING THEREFROM THAT PORTION THEREOF LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 1972.32 FEET NORTHERLY AT RIGHT ANGLES FROM THE SOUTH LINE OF T14F NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6. ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF ROAD SURVEY NO. 1673 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MARCH 18, 1966 AS FILE NO. 46579 OF OFFICIAL RECORDS. AND ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PARCELS 1, 2, 3 AND 4 AS SHOWN AT PAGE 10915 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1981. PARCEL 2: ALL THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE l WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTH OF A LINE DRAWN PARALLEL WITH AND 1443.34 FEET SOUTHERLY FROM THE NORTH LINE OF SAID SECTION 6. EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF ROAD SURVEY NO. 1673 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MARCH 18, 1966 AS FILE NO. 46579 OF OFFICIAL RECORDS. PARCELS: A PORTION OF PARCEL 3 OF PARCEL MAP 10915 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1981 AS FILE NO. 81- 021703 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 10915; THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY THEREOF NORTH 0 039'23" EXHIBIT B �l Y ORDER NO. 1223499 -22 Ile WEST 140.00 FEET TO THE TRUE POINT OF BEGNNING; THENCE, SOUTHERLY ALONG SAID WESTERLY BOUNDARY SOUTH 0 °39'23" EAST 28.47 FEET; THENCE, LEAVING SAID WESTERLY BOUNDARY NORTH 81 006'24" EAST, 161.58 FEET TO AN ANGLE POINT N THE NORTHWESTERLY BOUNDARY OF SAID PARCEL MAP NO. 10915; THENCE, WESTERLY ALONG SAID NORTHWESTERLY BOUNDARY OF SAID PARCEL 3 NORTH 88 °44'45" WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL4: AN EASEMENT FOR CONSTRUCTION, MAINTENANCE AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A CONTINUOUS STRIP OF LAND 40.00 FEET N WIDTH LYING WITHIN THAT PORTION OF THE EAST HALF. OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDNO MERIDIAN, N THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING A PORTION OF THE WEST LINE AND ITS NORTHERLY PROLONGATION OF THAT LAW DESCRIBED N PARCEL 1 OF DEED TO JOHN A. SCHUELER, ET UX, RECORDED OCTOBER 9, 1979 AS FILE NO. 79- 420807 OF OFFICIAL RECORDS, SAID CENTER LINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID SCHUELER'S LAND; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 0 039'23" WEST, 140.00 FEET; THENCE SOUTH 88 044'45" EAST, 160.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER LINE NORTH 0 °39'23" WEST, 540.00 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF DEL PONIENTE ROAD. EXCEPTNG THEREFROM THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 ABOVE DESCRIBED.